Legal Question in Employment Law in Florida

Overtime pay

My company pays Sunday supervisors time and 1/2 for Sunday work, regardless of hoursd worked in a week. Thus, not overtime, but premium Sunday pay. During weeks I am a Sunday supervisor, and I work over 40 hours, they do not pay me overtime because they have paid me time and 1/2 for Sunday. This seems like two separate issues to me. First is Sunday rate of pay and the second is overtime. Can you clarify this for me?


Asked on 1/07/09, 10:20 am

1 Answer from Attorneys
Danialle Riggins Riggins Law Firm, PA

Re: Overtime pay

You maybe right. This could be two separate issues. Your employer, as a term of employment may want to pay a premium rate for Sunday work. The employer can do this if it chooses but does not have to.

Overtime is for any non-exempt employee who works over 40 hours during a work week. Since your employer appears to be paying Sunday workers time and a half then the employer has satisfied the Fair Labor Standards Act (FLSA) which requires time and a half for hours over 40.

Since the premium rate is optional for the employer and the overtime is mandatory for non-exempt employees, your employer could be following the law.

I would suggest that you seek a consultation with a labor/employment attorney to get more clarity regarding your rights and wages. So supervisors are not entitled to overtime wages.

Feel free to contact my office.

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Answered on 1/07/09, 10:33 am


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